LexArt.org   Terms of Use

Use of the website LexArt.org  (the “Website”) is subject to the following terms and conditions and all applicable laws (“Terms of Use”).  By using the Website, you accept and agree to be bound by these Terms of Use without limitation or qualification. If any of these Terms of Use are unacceptable to you, do not use the Website.

The Lexington Arts & Crafts Society, Inc. (“LexArt”) operates the Website in furtherance of its educational mission to support, encourage and inspire artisans at all stages of their creative journeys and promote art in the community.  As used in these Terms of Use, the terms “we”, “us” and “our” refer to LexArt and the terms “you”, “your” and “users” refer to users of the Website.

LexArt reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of the Website after any changes have been made will constitute your agreement to the modified Terms of Use and all of the changes. Accordingly, you should read these Terms of Use from time to time for any changes.

1.   ALL WEBSITE CONTENT IS PROTECTED UNDER COPYRIGHT. The Website and much of the text, images, graphics, audio and video clips, information and other information and content on the Website (collectively, the “Materials”) are protected by copyright, trademark and other laws. We and applicable third parties own the copyright and other rights in the Website and Materials.  LexArt prohibits the copying of any protected materials on this website, except for the purposes of fair use as defined below.

2.   FAIR USE PERMITTED. Some materials are made available for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. Users may download these files for personal use, subject to any additional terms or restrictions applicable to the individual Material. Intellectual property restrictions prohibit certain files from being downloaded. Use of these files is not authorized or permitted by LexArt. Users must properly cite to the source of the Materials, the name of the artist/author, and include a link to LexArt.org.  By downloading, printing, or using Material from the Website, whether accessed directly or indirectly, users agree that such uses will comply with fair use, and will not violate LexArt’s or any other party’s proprietary rights.

LexArt grants the foregoing limited permission under copyrights it owns. Copyrights and other rights in the Materials may also be held by other individuals or entities, including artists and other holders of rights in art works reproduced on the Website. While LexArt has endeavored in good faith to obtain from such third parties the rights it believes necessary to include their works on the Website, LexArt does not represent or warrant that use of the Materials displayed on the Website will not infringe or violate the rights of third parties. You are solely responsible for obtaining all permissions from third parties that may be necessary for any use of the Content you wish to make.

3.   PROHIBITED USES.  COPYING OR REDISTRIBUTION IN ANY MANNER FOR COMMERCIAL USE, INCLUDING COMMERCIAL PUBLICATION, OR FOR PERSONAL GAIN IS STRICTLY PROHIBITED.

4.   PERMISSION REQUESTS. To license images, users should contact LexArt at info@LexArt.org

 

 

5.   LINKS TO THIRD PARTY SITES. Links in the Website to third-party Website are provided solely as a convenience to users. LexArt is not responsible for the content of any off-site pages or other sites linked to the Website. Your linking to any off-site pages or other sites is at your own risk.

             

 

6.   DIGITAL MILLENNIUM COPYRIGHT. LexArt complies with the Digital Millennium Copyright Act (17 U.S.C. §512). If you believe that your work has been copied in a way that constitutes copyright infringement on the Website, please contact LexArt at info@LexArt.org

7.   PRIVACY POLICY. Any personal information that you provide to LexArt on the Website is subject to our Privacy Policy. For more information, click here to view the Privacy Policy, which is incorporated into these Terms of Use by reference, as if set forth fully herein.

 

 

8.   DISCLAIMER OF WARRANTIES. Without limiting the foregoing, all Materials on the Website are provided "AS IS" WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD-PARTY PROPRIETARY RIGHTS. LexArt may update, change, or delete content at any time. LexArt makes reasonable, ongoing efforts to revise and update the Website, but does not warrant that the Website will provide continuous, prompt, secure, or error-free service, and assumes no responsibility for any errors or omissions, including the inaccuracy of content, or for any damages or losses that users or any third party may incur as a result of the unavailability of the Website. LexArt assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect a user's computer equipment or other property resulting from use of the Website or downloading of any Materials from the Website. At its discretion LexArt may discontinue or take down the Website or any section or Material within the Website at any time.

 

 

9.   LIMITATION OF LIABILITY. NEITHER LEXART, ITS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF LEXART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO USE OF THE WEBSITE.

 

 

10.   APPLICABLE LAW AND JURISDICTION. By accessing or using the Website you agree that all matters arising from or relating to the use and operation of the Website will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles. You further agree that all claims you may have arising from or relating to the operation or use of the Website will be heard and resolved exclusively in courts sitting in Middlesex or Suffolk County, Massachusetts. You consent to the personal jurisdiction of such courts over you and waive and agree not to assert any objection to proceedings in such courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).

 

 

11.   GENERAL.  If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Headings are for reference purposes only and in no way define or limit the scope or extent of that section. LexArt’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between LexArt and you with respect to the subject matter hereof.

 

Last Updated:  February 21, 2019

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